The effect a criminal conviction may have on one's eligibility for immigration benefits corresponds to the type of conviction, when the conviction occurred and the sentence imposed. Under the Immigration and Nationality Act a crime will generally be classified as one involving moral turpitude, an aggravated felony or one of the many enumerated classes of crimes that may lead to deportation or inadmissibility.

Crimes involving moral turpitude:

This category of crime is not defined in the Immigration and Nationality Act, but has been defined by case law and are made on a case by case basis. The Board of Immigration Appeals has held that moral turpitude refers generally t conduct that is inherently base, vile or depraved, and contrary to the accepted rules of morality and the duties owed between person, or to society in general. Those crimes that generally fall into this category include: Theft Crime, Fraud Crimes and certain Crimes of Violence. Please note that this list is not exhaustive and is general in nature.

Aggravated Felonies:

An aggravated felony is a term coined by the Immigration and Nationality Act and may include in the definition those crimes categorized as misdemeanors. A conviction of crime categorized as an aggravated felony results in severe immigration consequences and expedited removal from the United States. The following is a list of common aggravated felonies:Murder, rape, or sexual abuse of a minor, illicit trafficking in a controlled substance, illicit trafficking in firearms, certain money laundering offenses, crimes of violence, theft, burglary, or possession of stolen property where the term of imprisonment imposed is at least one year, kidnapping, child porography, alien smuggling, re-entry after deportation for an aggravated felony, crime of fraud where loss exceeds $10,000. (Please note, this list is not exhaustive. For the complete statutory language please refer to INA Section 101(a)(43).

Waivers:

Waivers of certain convictions are available for those individuals who qualify. Generally, hardship on United States Citizen or Lawful Perament Resident parents, spouses or children would have to be established.

Isais & Pfeiffer, LLPAn Immigration and Naturalization Law Firm

Criminal Waivers

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